Workplace Retaliation

Retaliation is one of the most common workplace claims in California, and one of the strongest. If you were fired, demoted or punished after speaking up or exercising your rights, a retaliation lawyer can help you hold your employer accountable.

On this page: How we help · Protected activity · What retaliation looks like · Retaliation laws · Proving retaliation · Compensation · What to do · Deadlines · FAQ

Smith Trial Group represents employees, managers and executives across Orange County and Southern California in retaliation and wrongful termination cases. Attorney Cardon Smith spent years defending Fortune 500 companies in business litigation and served as a law clerk to a federal judge. He knows the playbook employers use to defend retaliation claims: the paper trail built after the complaint, the “restructuring,” the sudden performance concerns. We build cases to take that playbook apart. We work on contingency, so you pay no attorney fee unless we recover for you.

How a Retaliation Lawyer Helps

• Identifying every protected activity. Clients often do not realize that an email to HR, a question about pay or a request for leave was legally protected. We find each one and tie it to what happened next.
• Proving the connection. We compare the timeline of your complaints with your reviews, pay, assignments and discipline, and show who knew what and when.
• Exposing pretext. Inconsistent explanations, rules enforced only against you, and a sudden change after a strong record are classic signs that the employer’s stated reason is not the real one.
• Bringing the right claims. California has several retaliation statutes with different deadlines, burdens of proof and remedies. Choosing correctly can change the value of a case.
• Protecting your leverage on the way out. If you are offered severance, we review it before you sign away claims that may be worth far more.

Protected Activity

California law protects employees from retaliation for, among other things:

• Complaining about discrimination or harassment, or supporting a coworker’s complaint or testifying in an investigation
• Reporting a suspected violation of law to a government agency, law enforcement, or a supervisor (whistleblowing)
• Refusing to participate in an activity that would violate the law
• Complaining about unpaid wages, missed breaks or pay inequity, or discussing pay with coworkers
• Raising workplace safety concerns
• Requesting a disability or pregnancy accommodation, or taking protected leave or paid sick time
• Filing a claim with the Labor Commissioner, the Civil Rights Department or another agency

What Retaliation Looks Like

Retaliation is not limited to being fired. California courts look at whether the employer’s actions, taken together, materially affected the terms and conditions of your employment. Common examples:

• Termination, demotion, or reduced hours, pay, commissions or bonus
• Sudden negative reviews or write-ups after a strong record
• Being placed on a performance improvement plan designed to fail
• Undesirable transfers, schedules, territories or accounts
• Exclusion from meetings, training, promotions or opportunities
• Being stripped of direct reports or decision-making authority
• Threats, including threats to report immigration status

Not sure whether what is happening to you counts? Read our guide to the signs of workplace retaliation.

California Retaliation Laws

• Fair Employment and Housing Act (FEHA), Government Code 12940(h): retaliation for opposing discrimination or harassment, filing a complaint, or taking part in an investigation or lawsuit.
• Labor Code 1102.5: retaliation for reporting violations of law or refusing to break the law. See whistleblower retaliation.
• Labor Code 98.6: retaliation for complaining about unpaid wages or other Labor Code rights, or filing a claim with the Labor Commissioner.
• Labor Code 6310: retaliation for workplace safety complaints.
• California Family Rights Act, Government Code 12945.2: retaliation for requesting or taking family or medical leave.
• Labor Code 232.5 and 1197.5: retaliation for discussing working conditions or wages, or for raising pay equity concerns.
• Wrongful termination in violation of public policy: a common-law claim when an employee is fired for a reason that violates a fundamental public policy. See wrongful termination.

Federal laws, including Title VII, the ADA and the Sarbanes-Oxley Act, also prohibit retaliation, and may apply alongside California law. See federal whistleblower claims.

Proving Retaliation

Most retaliation claims turn on three questions: Did you engage in protected activity? Did you suffer an adverse action? Was the protected activity a reason for it? Direct evidence, such as a manager telling you to “stop complaining,” is rare. Most cases are proven with circumstantial evidence:

• Timing. Adverse treatment that begins shortly after a complaint is strong evidence. Since January 1, 2024 (SB 497), an adverse action within 90 days of protected activity under Labor Code 98.6 or 1102.5 creates a rebuttable presumption of retaliation.
• Knowledge. The decision-maker knew about your complaint.
• Pretext. The employer’s reason is inconsistent, shifting, or applied to you but not to others.
• Treatment of comparators. Coworkers who did not complain were treated better for the same conduct.

The burden of proof depends on the claim. Under FEHA, the employee must show the protected activity was a substantial motivating reason for the decision. Under Labor Code 1102.5, once an employee shows the protected activity was a contributing factor, the employer must prove by clear and convincing evidence that it would have made the same decision anyway, as the California Supreme Court confirmed in Lawson v. PPG Architectural Finishes (2022).

What You Can Recover

• Lost earnings: back pay and front pay, including salary, bonuses, commissions, equity and benefits
• Emotional distress damages
• Punitive damages where the employer acted with malice, oppression or fraud
• Civil penalties of up to $10,000 per violation under Labor Code 98.6 and 1102.5, awarded to the employee
• Attorney’s fees and costs under FEHA and the Labor Code
• Reinstatement, in some cases

Our employment results include a $1.5 million jury verdict for disability discrimination and wrongful termination and a $500,000 settlement for wrongful termination and discrimination. Results depend on the facts of each case.

What to Do if You Are Facing Retaliation

1. Put complaints in writing, and keep a copy of what you sent.
2. Keep a timeline of what you reported and what changed afterward.
3. Save your own records, such as reviews, pay statements and messages sent to you. Do not take confidential company documents without legal advice.
4. Do not sign a severance agreement or release until a lawyer has reviewed it. See severance agreement review.
5. Talk to a lawyer before you resign. Intolerable conditions may support a constructive discharge claim, but quitting has consequences.

Filing Deadlines

• FEHA retaliation: three years to file with the Civil Rights Department, then one year to sue after a right-to-sue notice
• Labor Commissioner retaliation complaint (98.6, 1102.5, 6310): one year
• Lawsuit under Labor Code 1102.5: generally three years
• Wrongful termination in violation of public policy: two years

See How long do you have to sue your employer? for the full list.

Helpful resources: California Labor Commissioner · CRD: Employment Rights

Frequently Asked Questions

My complaint turned out to be wrong. Am I still protected?

Generally, yes. Most retaliation protections apply when you had a reasonable, good-faith belief that a violation occurred, even if it turns out you were mistaken.

How soon after my complaint does retaliation have to happen?

There is no fixed rule. Close timing helps, and under Labor Code 98.6 and 1102.5 an adverse action within 90 days of protected activity creates a presumption of retaliation. Retaliation can also unfold gradually, and the full pattern matters.

Is being put on a performance improvement plan retaliation?

It can be. A PIP that follows a complaint, sets unrealistic goals, or contradicts a strong performance history may be evidence of retaliation, especially if it leads to termination.

Can I be fired for complaining to HR?

No, not for a complaint about discrimination, harassment, unpaid wages, safety or illegal conduct. Firing an employee for that kind of complaint is unlawful retaliation in California.

What is my retaliation case worth?

It depends mainly on your lost earnings, how long it takes to replace them, the evidence of retaliation, and the employer’s conduct. For higher earners, lost salary, bonuses and equity often drive the value. Fee-shifting and penalties can add to it.

How much does a retaliation lawyer cost?

We handle retaliation cases on contingency. You pay no attorney fee unless we recover for you, and the consultation is free and confidential.

Related guides: Retaliated for reporting fraud? · Proving whistleblower retaliation · Signs of workplace retaliation · Constructive discharge · How long do I have to sue my employer? · Fired for taking medical leave